T.R. JUDICIARY 23.Civil Chamber Basis: 2016/ 9666 Decision: 2020 / 1094 Decision Date: 19.02.2020
SUMMARY: The amount rejected by the plaintiff’s attorney in the decision regarding the partial acceptance of the lawsuit and the collection of the total amount of … is final as it falls below the appeal limit in terms of amount. As the court can decide on the appeal requests of the final decisions, it was necessary to reject the appeal requests of the plaintiff’s attorney, since the Supreme Court would also decide to reject the appeal request in accordance with the Judgment No.
(1086 S. K. Art. 427)
At the end of the trial of the compensation case between the parties, the case was examined after the plaintiff’s attorney appealed within the period of the judgment for partial acceptance of the case due to the reasons written in the verdict, and the need for it was discussed and considered.
Plaintiff’s attorney; service procurement between the client and the defendant company
has a contract,
the lawsuit regarding the labor claims brought against the client by the non-litigation worker employed by the defendant within the scope of the contract has been concluded in favor of the worker, and within this scope, the client has made the non-litigation worker a payment as a result of the execution proceeding, from this payment
demanded that the defendant is responsible according to the provisions of the contract, and that the sum paid by his client be collected from the defendant.
The defendant did not respond to the case.
According to the scope of the claim, defense, expert report and the entire file by the court; of the plaintiff with the defendant
Within the scope of the contract, the payment made to the employee working in the defendant’s body according to the SGK records, signed between them.
It was decided to accept the case partially in line with the expert report determining the responsibilities of the defendant on the grounds that it may request from the defendant in accordance with the provisions of the contract.
The plaintiff’s attorney appealed the decision.
As a result of the amendment made with the Law No. 5219, the finality limit stipulated in Article 427 of the Code of Civil Procedure is 2.190.00 for 2016, considering the revaluation rate stipulated in Annex-Article 4 added to the HUMK with the 19th article of the Law No. 5236. TL.
The amount rejected by the plaintiff’s attorney in the decision regarding the partial acceptance of the case and the collection of a total of 3,811.04 TL, which the plaintiff’s attorney appealed against on the grounds that the receivable was 5,729,66 TL, is final as it falls below the appeal limit in terms of amount. As the court can decide on the appeal requests of the final decisions, in accordance with the Judgment Unification Decision dated 01/06/1990 and no.
Conclusion: For the reasons explained above, it was unanimously accepted on 19.02.2020 that the appeal of the plaintiff’s attorney was REJECTED, since the court decision was final in terms of the amount accepted, the refund of the appeal fee paid in advance, upon request, is closed. (¤¤)
